International Law Studies – Volume 25
International Law Documents: Regulation of Maritime Warfare
U.S. Naval War College (Editor)
46. N e sont pas non plus consideres comme contrebande de guerre: 1. Les objets et materiaux servant exclusivement
a
soigner les malades et les blesses. Toutefois, en cas de necessite militaire im-portante, vOUS pourrez les requisitionner, moyennant une indemnite s'ils sont destines au territoire de l'ennemi oua
un territoire occupe par 1 ui oua
ses forces armees ;2. Les objets et materiaux destines
a
l'usage du navire ou ils sont trouves, ainsi qu'a l'usage de !'equipage et des passagers de ce navire pendant la traversee.-Fr. Ins. 1912.45. Will not be considered as contraband of war all articles and materials serving exclusively for the care of the sick and wounded; however, the following products do not benefit by the preceding measure except for amounts up to 25 kilograms (55 pounds) each : Glycerophosophate of lime, iodoform, iodure vasogene ( vasogen-ous iodide), bromide of camphor, and boro-glycerine.
In case of important military necessity, you can requisition the above mentioned articles and materials, against an indemnity, if they are destined for the territory of the enemy or for a territory occupied by him or his armed forces.-Fr. Ins. 1916.
UNNEUTRAL SERVICE
Definition.35. Unneutral service is service rendered by a neutral to a bellig-erent contrary to international law. It is in its nature indirect or direct.-U.
S.
Ins. 1917.PAR. 2. Merchant vessels of neutral nationality may according to circumstances be not only detained but also confiscated, in the case of the following forbidden actions:
Transportation of enemy armed forces, enemy news and corres-pondence; when on a voyage especially intended for transportation of individuals who form part of the enemy armed forces, or to carry news in the interests of the enemy power ; cruising under command or control of an agent who has been placed on board by the enemy government, and also if the latter has wholly chartered the neutral vessel.-Rus. Reg. Dec. 11, 1916.
UNNEUTRAL SERVICE
171
7. A ship shall be captured as guilty of giving ass~stance to the enemy if
she-(a) Has taken direct part in hostilities;
(b) Has been entirely chartered by an enemy government, or has on board an agent of such government in control of the ship;
(c) Is employed exclusively for the transport of troops, or for the transmission of news in the enemy's interest;
(d) Is engaged. in transporting enemy military detachments or persons who during the voyage may render or have lent direct assistance to the enemy's operations with the knowledge of the owner, charterer, or master ;
(e) Is navigating with the specific object of transporting indi-viduals on their way to join the enemy's armed forces.-Italy, P. R. 1915.
Direct.
ART.
46. A neutral vessel is liable to be condemned and, in a gen-eral way, is liable to the same treatment which she would undergo if she were a merchant vessel of theenemy-(1) If she takes a direct part in the hostilities.
(2) If she is under the orders or under the control of an agent p!aced on board by the enemy government.
( 3) If she is chartered entire by the enemy government.
( 4) If she is at the time and exclusively either devoted to the transport of enemy troops or to the transmission of information in the interest of the enemy.
In the cases specified in the present article the goods belonging to th0 owner of the vessel are likewise liable to condemnation.-D. of L. 1909.
39. A neutral vessel is guilty of direct unneutral service and may not only be captured but may be· treated as an enemy merchant
vessel-( a) If she takes a direct part in the hostilities.
(b) If she is under the orders or under the control of an agent placed on board by the enemy government.
(c) If she is wholly chartered by or in the exclusive e1nployment of the enemy government.
(d) If she is at the time exclusively engaged in, or wholly devoted to, either the transport of enemy troops or in the transmission of information in the interest of the enemy by radio or otherwise.-U. S. Ins. 1917.
61. Vous capturerez egalement tout navire neutre; 1. Lorsqu'il prend une part directe aux hostilites;
3. Lorsqu'il est affrete en totalire on en partie par le Gouverne1nent ennem1;
4. Lorsqu'il est actuelle1nent et exclusive1nent affecte soit au trans-port de troupes ennemies, soit
a
la transmission de nouvelles dans l~interet de l'enne1ni.-Fr. Ins. 1912.62. Dans les quatre cas ci-dessus specifies, le navire sera passible de confiscation et, d'une maniere generale, passible du traihnent qu'il subirait s'il etait navire de commerce ennen1i.-Fr. Ins. 1912.
55. A neutral ship further renders unneutral serYice to the
enemy-( a) When it directly takes part in the hostilities. Against such a ship, force of arms is to be used, until its unneutrnl procedure ceases.
(b) When it is under the order or control of an agent of the enemy government installed on board the ship.
(c) When it has been chartered by the ene1ny government.
(d) When it is actually and expressly designated for the trans-port of enemy troops or transmission of information in the ene1ny's interest.
This applies, in contrast to 48, not to one particular voyage, but on the contrary to a continued employ1nent of the ship for the par-ticular purpose. So long as such e1nploy1nent exclusively continues, unneutral service is rendered, even while the ship lying idle, neither carries troops, nor transmits information.-Ger. 0. 1909.
56. So long as circumstances named in 55 continue, the ship is to be treated as hostile. The merchandise in the cargo belonging to the owner of the ship is also confiscable.-Ger. 0. 1909.
ART. 80. A neutral vessel is liable to capture in one of the follo,v-Ing cases:
(1) If she takes a direct part in the hostilities.
(2) If she is under the orders or under the control of an agent placed on board by the enemy govern1nent. ·
(3) If she is chartered entire by the enemy government.
( 4) If she is at the tin1e and exclusively either devoted to the transport of enemy troops or to the transmission of inforn1ation in the interest of the enemy.
A vessel coming under the preceding paragraph is, in a general way, liable to the same treatment which she would undergo if she were a merchant vessel of the enemy.-J ap. Reg. 1914 .
. A .. RT. 81. In the cases specified in the preceding article, the vessel and the goods belonging to the owner of the vessel are liable to con-demnation.-Jap. Reg. 1914 .
UNNEUTRAL SERVICE
173
AnT. XLVI. Vessels that are recognized to have been fitted out for the enemy for military purposes, and the goods belonging· to the
·~nvners of such vessels, shall be confiscated.-J a p. Reg. 1904.
ART. XLVII. Vessels ascertained to have scouted or carried in-formation to give benefit to the enemy pr to have done any other acts to assist him, and all goods belonging to the owners of such vessels, shall be confiscated.-J ap. Reg. 1904.
Indirect.
ART. 45. A neutral vessel is liable to be condemned and in a general w·ay, is liable to the same treatment which a neutral vessel would undergo when liable to condemnation on account of contra-band of war.
(1) If she is making a voyage especially with a view to the trans-port of individual passengers who are embodied in the armed force of the enemy, or with a view to the transmission of information in the interest of the enemy.
(2) If, with the knowledge of the owner, of the one who charters the vessel entire, or of the master, she is transporting a military detachment of the enemy, or one or more persons who, during the voyage, lend direct assistance to the operations of the enemy.
In the cases specified in the preceding paragraphs ( 1) and ( 2) , goods belonging to the O\v~er of the vessel are likewise liable to condemnation. The provisions of the present article do not apply if when the vessel is encountered at sea she is unaware of the ing of hostilities, or if the master, after becoming aware of the open-ing of hostilities, has not been able to disembark the passengers. The vessel is deemed to know of the state of war if she left an enemy port after the opening of hostilities, or a neutral port after there had been made in sufficient time a notification of the opening of hostilities to the power to which such port belongs.-D. of L. 1909. 36. A neutral vessel is guilty of indirect unneutral service and may be sent in for adjudication as a neutral vessel liable to
condemnation-( a) If she specially undertakes to transport individual passengers 'vho are embodied in the armed forces of the enemy and who are en 1·oute for military service of the enemy or to a hostile destination, or transmits intelligence in the interest of the enemy whether by radio or otherwise.
enemy, or is transmitting information in the interest of the enemy
by radio or otherwise.-U. S. Ins. 1917.
37. The above provisions do not apply if, when the vessel is met at sea, she is unaware of the existence of a state of war, or if the master, after becoming aware of the opening of hostilities, has not yet been able to disembark the passengers.-U. S. Ins. 1917.
38. The vessel is deemed to be a ware of the existence of a state of 'var if she left an enemy port after the opening of hostilities, or left a neutral port after the publication there of the notification to the neutral power to which the port belongs of the opening of hostili-ties.-U. S. Ins. 1917.
55. Vous capturerez tout navire neutre:
1. S'il voyage specialement en vue du . transport de passagers individuels incorpores dans la force armee de i'ennemi ou en vue de la transmission de nouvelles dans !'interet de l'ennemi;
2. S'il vous apparait que c'est ala connaissance soit du proprietaire, soit de celui qui a a:ffrete le navire en totalite, soit du capitaine, <Ju'il transporte un detachement militaire de l'ennemi ou une ou plusieurs personnes qui, pendant le voyage, pretent une assistance directe aux operations de l'ennemi.-Fr. Ins. 1912.
56. Dans les deux cas specifiees ci -dessus, le na vire sera passible de confiscation et, d'une maniere generale, passible du traitement que subirait le navire neutre sujet
a
confiscation pour contrebande de guerre.-Fr. Ins. 1912.57. Toutefois les dispositions du paragraphe 54, alinea 2, ne s'appliquent pas si, lorsque le navire est rencontre en mer, il ignore les hostilites ou si le capitaine, apres avoir appris l'ouverture des hostilites, n'a pu encore debarquer les personnes transportees.-Fr. Ins. 1912.
48. A neutral ship renders the enemy unneutral service when she (a) carries out the voyage, departing from her usual employment expressly for the purpose of conveying persons enrolled in the hostile forces or for carrying information in the interest of the enemy ; (b) with knowledge of the owner, charterer, or master, has on board a complete subdivision of enemy troops, or one or more persons who will assist the enemy's operations during the voyage. The captain is among other things empowered to assume this when a ship equipped with radio-telegraphic apparatus is clearly found to be engaged in the tr·ansmission of war information within the area of operations and does not comply with an express prohibition.-Gcr.
0. 1909.
UNNEUTRAL SERVICE
175
AnT. 76. A neutral vessel is liable to capture in one of the follow-Ing cases:
( 1) If she is making a voyage especially with a view to the trans-mission of information in the interest of the enemy.
(2) If, with the knowledge of the owner, of the one who charters the vessel entire, or of the master, she is transporting a military de-tachment of the enemy, or one or more persons who, during the voyage, lend direct assistance to the operations of the enemy.
A vessel coming under the preceding paragraph is liable to the Rame treatment which a neutral vessel in general would undergo when liable to condemnation on account of contraband of war.-J ap. Reg. 1914.
ART. 77. In the cases specified in the preceding article, the vessel and tne goods belonging to the owner of the vessel and liable to be condemned.-J ap. Reg. 1914.
AnT. 86. The provisions of this chapter are applicable to Japanese vessels and also to those of allied powers.-J ap. Reg. 1914.
58. Le navire est repute connaitre letat de guerre, lorsqu'il a quitte un port ennemi apres l'otiverture des hostilites ou un port neutre posterieurement ala notification en temps utile de l'ouverture des hostilites
a
la puissance dont releve ce port.-Fr. Ins. 1912 ... A .. RT. 78. The provisions of article 76 do not apply if when the vessel is encountered at sea by a Japanese man-of-war she is unaware of the opening of hostilities, or if the master, after becoming aware of the opening of hostilities, has not been able to disembark the pas-sengers. The vessel is deemed to know of the state of war if she left a Japanese port, a port of an ally, or an enemy port after the opening of hostilities, or a neutral port after there had been made in sufficient time a notification of the opening of hostilities to the power to which such port belongs.-Jap. Reg. 1914.
AnT. 79. With regard to a vessel which does not know of the open-ing of hostilities, the commandopen-ing officer of a man-of-war shall order the boarding officer to enter in the ship's papers the notification according to Form No. 5, and, if necessary, may take measures he thinks fit, such as change of route, etc.-J ap. Reg. 1914. .
ART. 10. Vessel liable to capture: (6) If she carries on behalf of the enemy officers, troops, or sea1nen.-Spain, Ins. 1898. .
49. Reservists, recruits, and war volunteers proceeding to their places of mustering in, are not to be regarded as " persons embodied in the hostile forces."-Ger. D. 0. 1909.
46. Ships engaged in transmitting information in the interest of the enemy or vessels engaged in enemy service and the cargo be-longing to the owner of such vessels are liable to
condemnation.-China, Reg. 1917. .
_t\.RT. XI. Contraband persons are the enemy's military men and others who are being transported to be employed for hostile pur-poses.-J ap. Reg. 1904.
44. Hostile persons are liable to capture as prisoners of war. Ves-sels carrying hostile persons and the cargo belonging to the owner of the vessel are liable to condemnation, unless proofs are given to show that the ship had no kno,vledge of the passengers of enemy character.-China, Reg. 1917.
63. V ous remarquerez que le transport des depeches officielles ne
"peut etre incrimine que s'il est fait
a
titre special; dans le cas con-traire, vous vous conformerez aux dispositions de !'Article XVI ci-apres.-Fr. Ins. 1912.50. By " transn1ission of ,information " is meant any co1nn1uni-cating of information, 'vhether 'vritten or oral, or by signal or radio-telegraphy.-Ger. 0. 1909.
AnT. 10. Vessel ~iable to capture: (7) If she carries letters and communications of the enemy, unless she belong to a marine mail service, and these letters or communications are in bags, boxes, or parcels with the public correspondence, so that the captain may be ignorant of the contents.-Spain, Ins. 1898.
AnT. XII. Contraband papers are all official correspondence of the officers of the enemy's government. Official correspondence between the enemy's government and its ministers and consuls resid-jng in neutral States, and official correspondence between the enemy's government and the government of neutral States are not, however, contraband.-Jap. Reg. 1904.
AnT. 10. Vessel liable to capture : ( 8) If the vessel is e1nployed in 'vatching the operations of the war, either freighted by the other belligerent or paid to perforn1 this service.-Spain, Ins. 1898.
Delivery of persons at sea.
AnT. 47. Any indiv,idual embodied in the armed force of the enemy, and who is found on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for the capture of the vesseL-D. of L. 1909.
UNNEUTRAL SERVICE
177
sa part, vous passerez outre et vous les ferez prisonniers de guerre. En cas de resistance de la part du personnel du navire, vous cap-turerez le navire.-Fr. Ins. 1912.
60. Le personnel religieux, medical et hospitaliet enne1ni trouve
lt bord d'un navire de commerce neutre ne pent etre fait prisonnier
de guerre; mais, avant de laisser libre ce personnel, vous vous assure-rez a vee so in de la realite de son caractere. En cas de doute, vous pourrez le retenir dans la forme ci-dessus indiquee jusqu'a ce que la preuve de ce caractere soit etablie.-Fr. Ins. 1912.
53. Every person enrolled in the forces of the enemy who is iound on board a merchant ship may be made a prisoner of war·,
even when the ship herself is not liable to capture.-Ger. 0. 1909.
54. Persons who, without being embodied in the armed forces
of the enemy, render direct assistance to the operations of the enemy during the voyage may be taken as prisoners only if the vessel is
captured at the same time.-Ger.
0.
1909.8. Persons belonging to or intending to join the enemy's ar1ned forces found on board a neutral_ vessel may be made prisoners of
·war, even though the ship be not subject to capture.-Italy, P. R.
1915.
PAR. 3. Anyone, forming part of the armed forces of the enemy and found on a neutral vessel (merchant) may be taken war prisoner, even if there is no reason for· seizing the vessel.-Rus. Reg. Dec. 8, 1916.
ART. 82. Any individual embodied in the armed force of the enemy, and who is found on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for the capture of the vessel.-J ap. Reg. 1914.
ART. 83. In the case of the preceding article, the boarding officer, by order of the commanding officer of the man-of-war, may request the master of the vessel to deliver such individuals. If the master refuses to deliver them, the boarding officer shall seize such indi vi-duals and, if the cre'v of the vessel resist, shall capture the vessel.-J ap. Reg. 1914.
AnT. 84. In the case of the preceding article, the boarding officer shall prepare a document in duplicate regarding the delivery accord-ing to Form No. 7 and shall give one copy to the master of the vessel.-Jap. Reg. 1914.
